SANTA FE, N.M. — A trial focused on the dangers of child sexual exploitation on social media and whether Meta misrepresented the safety of its platforms is set to start in New Mexico with opening statements Monday.
It's the first stand-alone trial from state prosecutors in a stream of lawsuits against major social media companies, including Meta, over harm to children, and one that is likely to highlight explicit online content and its effects.
New Mexico Attorney General Raúl Torrez sued Meta in 2023. His team built the case by posing as kids through social media accounts, then documenting the arrival of sexual solicitations as well as the response by Meta, the owner of Facebook, Instagram and WhatsApp.
Prosecutors say they’ll provide evidence and testimony that Meta’s algorithms and account features enticed and addicted young people to social media, while also creating a “breeding ground” for predators who target children for sexual exploitation. Prosecutors allege Meta failed to disclose what it knew about those harmful effects, in violation of state consumer protection laws. Meta also is accused of creating a public nuisance.
“Meta knowingly exposes children to the twin dangers of sexual exploitation and mental health harm,” the lawsuit states. “Meta’s motive for doing so is profit.”
Meta denies any legal violations and says prosecutors are cherry-picking evidence to make sensationalist arguments. On Sunday, Meta called the state’s investigation “ethically compromised” in its use of child photos on proxy accounts, delays in reporting child sexual abuse material and the disposal of data from devices used in the investigation, in social media posts on X by company spokesperson Andy Stone.
The company says lawsuits are attempting to place the blame for teen mental health struggles on social media companies in a way that oversimplifies matters. Meta says it has a longstanding commitment to supporting young people, highlighting a steady addition of account settings and tools — including safety features that give teens more information about the person they’re chatting with and content restrictions based on PG-13 movie ratings.
“For over a decade, we’ve listened to parents, worked with experts and law enforcement, and conducted in-depth research to understand the issues that matter most," the company said in a statement. “We’re proud of the progress we’ve made."
It's unclear whether Meta CEO Mark Zuckerberg will testify at trial. New Mexico limits the ability to compel out-of-state witnesses to testify in person, while prosecutors can present testimony by Zuckerberg from a deposition.
Personal opinions of Zuckerberg and evolving attitudes toward social media loomed over jury selection from a pool of more than 200 residents of Santa Fe County, including several educators, young adults who grew up with social media and others who never signed up.
“Quite frankly, he's the tech bro making money off of all of us," one person said of Zuckerberg.
An attorney for the state warned that there would be “very sensitive and very explicit material discussed in terms of safety to children” during the trial.
More than 40 state attorneys general have filed lawsuits against Meta, claiming it is deliberately designing features that addict children to its platforms. The majority filed their lawsuits in federal court, and New Mexico's case against Meta is the first to reach trial.
Opening statements have been postponed in a bellwether trial underway in California against social video companies, including Meta's Instagram and Google's YouTube, that focuses on a 19-year-old who claims her use of social media from an early age addicted her to technology and exacerbated depression and suicidal thoughts. TikTok and Snapchat parent company Snap Inc. settled claims in the case.
Torrez, a Democrat seeking reelection this year to a second term, has urged Meta to implement more effective age verification and remove bad actors from its platform. He’s also seeking changes to algorithms that can serve up harmful material and criticizing end-to-end privacy encryption that can prevent the monitoring of communications with children for safety.
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